Whether Complaint to RERA or State Consumer Commission?

When the RERA Act was first introduced, there was a lot of hue and cry regarding the enforcement of act with respect to ongoing and already delivered old projects .

RERA or State Commission

People were in a fix whether to approach State Consumer Disputes Redresssal Commission of Punjab and Haryana or respective RERA Punjab and Haryana RERA Panchkula Authority because 60 day resolution window after all entices everyone.

Homebuyers , owners and consumers couldn’t believed it that the matter can be resolved that quick as they were suffering for years languishing in courts but yes RERA brought the required relief.

Now in the beginning the very first thought that came to people’s mind is where to file the complaint in regards to Reality issues, delay in possession, deficiency in service, lack of basic amenities, use of substandard building material, seepage, security concerns, overcharging of maintenance fee , not providing adequate infrastructure or any non fulfillment of promise maid at the time of making the purchase or at the time of buying plot, apartment or unit in question.

Maintainability of complaints before RERA Punjab Authority at Chandigarh

The complaint no. 3 of 2017 Bikramjit Singh & Ors has settled the issue on following terms:

1 First the project should be registered with the RERA Authority and you need to have a PBRERA number of project to file the complaint with RERA Authority . Its simple to search on the website of RERA Punjab , just go to home page and click on registered projects. Download the pdf file and see whether your project is listed or not ?

2 The other way around is search your project online and see if any RERA number exists for the said project or not?

3 Jurisdiction of RERA Punjab covers all states within the territory of Punjab but it can entertain only complaints of registered projects only and not of unregistered.

Coming to maintainability of complaint before Haryana RERA Panchkula Authority.

The judgment of Simmi Sikka versus Emaar MGF has settled it that the projects whether registered or not registered with RERA are still under the ambit of Authority to adjudicate upon complaints in case of deficiency or delay in possession.

But if the Occupancy and Completion Certificate is already granted then it can’t entertain the complaint but mere applying for CC/OC does not exempt the project in any way.

(3) In case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the promoter as per the agreement for sale relating to such development is brought to the notice of the promoter within a period of five years by the allottee from the date of handing over possession, it shall be the duty of the promoter to rectify such defects without further charge, within thirty days, and in the event of promoter’s failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate compensation in the manner as provided under this Act.

Now coming to State Consumer Disputes Redressal Commission for Punjab and Haryana based at Chandigarh and Panchkula , maintainability of complaint.

Simple answer is no bar. You can file it anytime without thinking about any Registration of any sort but mind it should be within 2 years from when your grievance first arose.

Limitation for filing complaints before consumer court and commission is within two years.

Peculiarly jurisdiction is based on the cost of unit, flat, plot in question not on what you are asking . So if your flat costs 25 lacs and you are seeking just 5 lacs back but still you need to file it before the state commission not the district consumer forum.

But you cannot file complaints before both the forums; RERA and State Commission .

It has to be one forum . Either State Commission or RERA.

Section 71 (1) Proviso talks about this. Let’s read it.

Provided that any person whose complaint in respect of matters covered under sections 12, 14, 18 and section 19 is pending before the Consumer Disputes Redressal Forum or the Consumer Disputes Redressal Commission or the National Consumer Redressal Commission, established under section 9 of the Consumer Protection Act, 1986, on or before the commencement of this Act, he may, with the permission of such Forum or Commission, as the case may be, withdraw the complaint pending before it and file an application before the adjudicating officer under this Act.

Similarly you can withdraw the complaint from Punjab Consumer Disputes Redressal Commission at Chandigarh or Haryana Consumer Disputes Redressal Commission at Panchkula and file it before RERA Punjab at Chandigarh or Haryana RERA Panchkula Authority.

Now the choice is up to you ?

In my view RERA is the speediest, inexpensive and exclusive forum for the Redressal of real estates disputes in the country.

So from my end, anytime , any day Try RERA.

Hope you liked reading the post and it answers all your queries on RERA and State Consumer Commission.